12 OPINION A. Whether Petitioner Had A Sufficient Basis in Bob Wade Ford To Claim Losses From the Corporation in 1988 and 1989 1. Petitioner's Basis in Bob Wade Ford in 1988 and 1989 Petitioner was the sole shareholder of Bob Wade Ford, a subchapter S corporation in 1988 and 1989. Petitioners deducted losses of Bob Wade Ford under section 1366(a). To be entitled to deduct the losses, petitioners must show that Bob Wade Ford sustained losses in the relevant years and that petitioners had a basis in Bob Wade Ford in 1988 and 1989 at least equal to the amount of the losses. Sec. 1366(d)(1). A shareholder's deduction of losses from a subchapter S corporation is limited to his or her adjusted basis in (a) stock in the corporation and (b) debt owed by the corporation to the shareholder. Sec. 1366(d)(1). A taxpayer's share of any S corporation loss in excess of his or her adjusted basis may be carried over indefinitely. Sec. 1366(d)(1) and (2). A loan from a shareholder to an S corporation increases the shareholder's basis if the shareholder makes an economic outlay and directly incurs the indebtedness. Sec. 1366(d)(1)(B); Harris v. United States, 902 F.2d 439, 442-443 (5th Cir. 1990); Estate of Leavitt v. Commissioner, 875 F.2d 420, 422-423 (4th Cir. 1989), affg. 90 T.C. 206 (1988); Hitchins v. Commissioner, 103 T.C. 711, 714-715 (1994); Underwood v. Commissioner, 63 T.C. 468, 476 (1975), affd. 535 F.2d 309 (5th Cir. 1976). A loan from a shareholder's whollyPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011